We've hinted of late at upcoming legal actions, in several states, against the use of Diebold voting machines. The BRAD BLOG can now reveal that such a legal action will be filed tomorrow morning in San Francisco's Superior State Court in response to Secretary of State Bruce McPherson's recent re-certification of Diebold Electronic Voting Machines in the state.

VoterAction.org is announcing their intention to file suit, on behalf of several plaintiffs, "aimed at halting the use or purchase of Diebold electronic voting systems" in the state.

The same group recently carried out a similar action in the state of New Mexico, in regard to the use of Sequoia Touch-Screen voting machines there. That suit ultimately led to the ban of use of such machines, and a bill which was recently signed by Gov. Bill Richardson requiring a paper ballot with every vote cast in the state.

Diebold's optical-scan and touch-screen systems were revealed last December to contain "interpreted code" which is banned by Federal Voting System Standards. It was that "interpreted code" which was exploited in the recent hack of a test election in Leon County, FL where the results of the election were completely flipped without a trace being left behind.

Despite that startling revelation, California's Sec. of State Bruce McPherson certified the systems anyway in California, after they had previously been decertified in 2004 when Diebold admitted they had used untested and uncertified software patches on their machines in the state.

Diebold has now admitted [PDF] that their voting systems, both optical-scan and touch-screen, contain such "interpreted code." That, despite the fact that its use is banned at the Federal level. California state law requires that voting systems certified in the state meet those Federal standards. McPherson, apparently, has chosen to blatantly ignore that state law. (We'll have further details outlining the above allegations very specifically, and in no uncertain terms, in a future post here at BRAD BLOG.)

According to VoterAction's press release (posted in full below), the legal action is being filed because "Diebold's TSx touch screen voting system is a severe security risk, and does not accommodate all disabled voters as required by law."

Sources have told The BRAD BLOG that the action is to encompass many, if not all, of California's counties. Some 18 of them are currently doing business with Diebold.

The press release goes on to charge that, "The Diebold system is difficult if not impossible to audit or recount, and has been proven vulnerable to malicious tampering in tests and studies. Diebold technology contains 'interpreted' code, which is easily hacked, and illegal for voting systems in the State of California."

Diebold is currently facing litigation in several investor class action lawsuits alleging Securities Fraud Violations such as insider trading and the false manipulation of stock prices by eight current and former company officials.

A press conference will be held to discuss the latest legal action involving Diebold tomorrow morning. The complete Press Release from VotersUnite.org follows...

Voter Action, www.voteraction.org, is a not for profit organization dedicated to providing legal, research and logistical support for grassroots efforts to ensure the integrity of elections by guaranteeing that every citizens vote is recorded and counted as intended. Voter Action led successful litigation in New Mexico to block purchase and use of the types of voting machines that are most prone to error and most vulnerable to tampering, and is now supporting similar efforts in numerous states across the country.

What:
Attorneys Lowell Finley and John Eichhorst, on behalf of more than 20 California voters including Dolores Huerta and Bernice Kandarian, will brief media on a legal action to be filed on Tuesday, March 21, in the Superior Court of the State of California, aimed at halting the use or purchase of Diebold electronic voting systems. Ms. Huerta and Ms. Kandarian will also speak and answer media questions.

Why:
Diebold's TSx touch screen voting system is a severe security risk, and does not accommodate all disabled voters as required by law. The Diebold system is difficult if not impossible to audit or recount, and has been proven vulnerable to malicious tampering in tests and studies. Diebold technology contains "interpreted" code, which is easily hacked, and illegal for voting systems in the State of California.

This is excellent news. Having recently attended a special hearing of the Board of Supervisors of Alameda County (CA) re: the vulnerabilities inherent in Diebold machines, I was incredibly disappointed to hear the following day, they voted to commence negotiations for purchase of $17.8 million of their equipment. I hope this derails the "procurement train" --as one of the citizens at that hearing stated.

Would there be enough time to have them forced out for the April 11th special election to replace Duke Cunningham? That's where they have planned to use them first here. I'd really like to see that injunction happen. Then we can all plan to be close to the central tabulator machine and eyeballing that moreso than having to worry about the touchscreen boxes scattered in the district!

Tomorrow there is another Alameda County Board of Supervisors meeting. There is nothing about voting on the agenda, but at the end of the meeting they take public comment on non agenda items. I urge anyone who can to come to this meeting and voice their opinions about Diebold and what the county is getting itself in to. There will be at least 5 of us there speaking at the public comment period.

The meeting starts at 10:30 am and no one knows how long it will go on. Some are very short and some are very long. My guess is that this is a short one and if you want to come, get there by 11:00 am. County of Alameda
Administration Building
1221 Oak Street, #536
Oakland, CA 94612

She also notes in this diary that UTAH's brave Emery County Clerk/Auditor Bruce Funk NEEDS HELP. He's the guy who has allowed hands-on examination of the new Diebold Tsx touchscreen machines. Please see Bev's diary for the details (click my name).

Maybe this will send a messege to these fcks that even though they stole the last 2 US presidential elections so America is now run by the biggest bunch of greedy lying bastard losers in history hell bent on destroying this planet, we are not permanently giving up our right to conduct legitimate elections in the future. Hey Bruce, maybe you will never be tried for your vulgar abuse of power however why don't you do California a favor and take some photos with the governator broke back style with you on the bottom.

Dear Brad
Today I was listening to San Francisco radio station KQKE AM 960 (affiliate of Air America)
Their morning show 7AM to 10AM called Get Real with Will and Willy (Will Durst and Willy Brown)
As you know, Willy Brown is ex-da Mayor of SF.
Some lady called in as scheduled to discuss the Diebold Disaster in CA. Willy Brown went off on her regarding all the mess with Diebold. He said that people should not make accusations without ample proof, that there should be laws to protect companies from such horrible statements.
SO......I had a brainstorm....how about you call them to arrange a interview regarding all the shit that is going on? You know, set ol Willy straight.
Thanks
Dolphin

How much $$$ do the 5 or 6 news networks pay for the national exit poll, like what we had in 2004?

Previously I had proposed the idea of doing our own grass roots exit poll, but I think that is not very feasable, or likely to have the needed gravitas. So here's another idea:

We (well, VR or similar group) buy our fair share of the 2006 exit polls. Pay the same $$$ that Fox, CNN, AP, NBC, CBS and ABC pay. That way, we are ENTITLED to the detalied info, in a timely manner. After the 2004 election, we only got bits and scraps when THEY decided to provide them. Fuck that. We will need exit polls in 2006. The exit polls were fine in 2004 (as far as I know).

If a contract is already settled with the other networks, we could propose to Edison Mitofsky (or whoever is doing the polls) that our extra $$$ go to getting more data points for a more robust poll?

We could have a progress meter for the needed amount of $$$. Even if it was 1-2 million, I bet we could do it! Over a period of months, we could come up with the cash.

What do you folks think of this proposal? How are we going to have an independent check on the voting in 2006?

PENAL CODE OF CALIFORNIA
PART 1, TITLE 7, CHAPTER 4.
FORGING, STEALING, MUTILATING, AND FALSIFYING
JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS

115. (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.
(b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section.
(c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding.
(2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000).
(d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense.link

There are some on blogs who suggest that Edison Mitofsky is suspect. It may have been infiltrated by the right. The US government used it in the Ukraine to get a new election.

Your idea is a good one. Those who think that polling companies will be taken over (as the election machine corporations were) haven't considered how few election machine corps there are versus a large number of polling companies. One could argue that the media polls (Fox, ABC, NBC etc) have been "inflitrated" with conservatives, but a bizarre, fraudulent result, would probably stick out like a sore thumb.

Also, fraudulent polls will destroy that industry. I think they'll do some self policing.

That being said, I am the President of the board of a national non-profit, and we recently had Zogby do a state wide poll in Connecticut and a nationwide poll and the state poll was about $2500 and the nationwide was about $12,500. I am sure you are talking about a LOT of polls, however - in many states and nationally.

This is just the beginning of the tsunami. With any luck (for American citizens and voters), the MSM will actually start carrying this story and all the associated stories throughout the country of "modifications" of actual votes.

The latest of course is the 158,000 votes counted last week in a Texas election with 58,000 registered voters.

We wouldn't accept this kind of ongoing inaccuracy and downright changing of our bank account balances, so why would we stand idly by while the "currency of democracy" - our votes - are changed to meet the demands of the highest bidder?

This runs deep and fast. It is vicious what is being done via e-voting to the citizens of this country. Thank GOD (or whomever you worship or choose NOT to worship) for VoterAction. They are the true American heros.

"Those who cast the votes decide nothing. Those who count the votes decide everything"- Josef Stalin.

Whoaaaaa...!!! Take a downer...!! All Grizz is doing is expressing his frustrations at the situation. Don't we all have those frustrations from time to time and conjour up scenarios that have nothing to do with what we REALLY are like as people.....I know I do and I'm one of the easiest going people I know.

OT .......

As an example, I've been trying for the last 2 years to collect money from my ex-boss that was awarded to me by a government tribunal....it's most frustrating..!! Government seems to protect the guilty while the innocents get shafted and that seems to happen in every walk of life. Believe me, taking a baseball bat to my ex-boss privates is one of the nicer fantasies I have, and at the risk of incurring your wrath, I won't mention the others.

Down girl........take a deep breath..!! You will ALL feel better when your government is FINALLY ousted.

I've been noting in my head for a while that each entry ole Grizz makes is a crazy rant with almost no substance at all.

I kept thinking I'd find something from him that was not crazy or murderous soon.

Not.

This last one just tipped the issue to the forefront for me.

Yes, Mar, I do experience a mean fantasy of my own here or there.

But not with EACH & EVERY comment I make.

EVERY comment being a crazy rant is not what I would call contributing & such behavior deserves mention.
You might feel fortunate to have someone with sensitivity, training, & experience with such issues present.
What's the old saying? Throwing pearls to swine..

Maybe the Grizz doesn't even realize what he's doing--he's so full of it.

His behavior on the blog is odd & belies one heck of a lot of pent up, vivid anger to the exclusion of much thought, or substance.
Not a productive recipe, Mar.

I don't think it falls within normal limits, judging from a review of his entries.

Life IS unfair.
That's a fact that is very hard to accept.
Some never do...

In defense of Grizz - I've had some correspondence with him and he is very involved with trying to save the Grizzly Bear's population and habitat - particularily in the Yellowstone area.

He is very frustrated with the government and their neglect of this wonderful resource while the whole time they trumpet forest protection etc. which actualy is opening up our resources to mining, logging, oil pumping etc.

I understand his frustration with all of this, and he does not hold back in showing it.

Personaly I try to keep some semblance of humor in all of this just for the sake of my sanity.

This is great news for us here in California. Other than the local progressive radio stations and the blogosphere this topic has not been addressed by any other news source that I have seen.

I'm waiting to see if the MSM picks up on this since they seem at times to be turning the corner.

I guess it shows just how money driven the MSM is. Now that over 60% of the people think the Iraq war is wrong they finaly are starting to wake up to the lies that got us there. They figure they better follow the tide or risk there advertising base!

"down girl" ....... nothing at all to do with animals, but everything to do with 'calm down' .... therefore, no nerve on my part intended whatsoever, and I'm sorry you took it in the wrong spirit. As they say in merry ole England...."don't get your knickers in a twist"...!!

I come here to this awesome blog on a daily basis not to be confrontational, but to learn about your electoral process, complicated as it is, and to silently applaud all of you posters working to take back your country through peaceful means via the spread of information regarding the rampant ongoing corruption throughout the system.

Now......troll trashing I can understand, but not when it extends to one of your comrades-at-arms over something so simple as a reference to a current movie. Hell, if anyone should be offended by Grizz's fantasy, it should be our gay brothers, who, no doubt also log on here from time to time.

Personally, I feel that Grizz deserves a BIG 'bear' hug for his passion in defence of those magnificent creatures that are native to both our countries.

Hey Charlene pick a statement you don't agree with which is always answered with -0- accountability by the Bush administration.

1. 30,000 dead civilians caused by a war based on lies? Iraq was actually BOMBED continuously for 6 months before the fixing of intelligence leading to pre emptive strike.
2. 2000 election in which Gore had more votes in Florida. This information was overshadowed by 9/11.
3. 2004 election in which electronic voting machines that were hacked along with massive humanistic fraud gave Bush the 2nd rigged victory. He stole 4 swing states: FL, NV, OH, and NM.
4. The fact that the government has weakened or reversed over 400 environmental laws or standards. Do you drink your tap water?
5. The fact that the government changed the rules of US forestry so the people no longer have a voice.
6. Spying on US Citizens illegally.
7. The truth about 9/11. Maybe you think i'm full of shit but i ain't buying the FEMA version that building #7 of the World Trade Center fell for "unknown reasons" 9 hours later. Across the street from the twin towers, it fell the same way (implode style) even though it was never hit by an aircraft. Ask yourself about the missile that hit the Pentagon? All the evidence poof it's gone.
8. The Patriot Act was used to take away rights of U.S. citizens and create a police state.
9. Haliburton got all the no bid oil contracts in Iraq. Why don't you look them up on google sweety. Just remember you are being watched.
10. Delisting an isolated population of Brown bears suffering from inbreeding and numerous other problems off the Federal Endangered Species list instead of connecting this isolated population with a wild lands corridor to other remaining populations.
Yukon to Yellowstone beoch.
11. This blog. Tell me. Have you noticed how the republidem (1 party) has had no inclination to fix the rigged electronic voting system that doesn't even produce a paper ballot trail for a legitimate recount. Luckly some PATRIOTS are fighting back.
12. No substance yet? Is your last name Laden?
13. Plamegate?
14. Clint Curtis Story. I heard him speak on Jan 6, 2005 when the robots in Congress accepted the rigged electoral votes.
15. American Center for Voting Rights Full of what?
16. Downing Street Minutes
17. No exit strategy out of Iraq
18. Drilling in Arctic Wildlife Refuge provision tacked onto the budget so it couldn't get filibustered. Suppose your in favor of that too.
19. Bankruptcy laws now in favor of the Credit Card companies who prey on people who don't have the money. Americans screwed again.
20. They knew about New Orleans. Didn't repair the levees and let Americans die without food, water, or medicines.
Why don't you pull your head out of the sand. Open your mind and you might discover it's the oil elete(Skull and Bonesmen) who are running the mass media and this country behind closed doors.

If your family was killed by bombs in a war based on lies or maybe your brother was lost his legs defending this great nation based on Bushshit how would you feel everyday.

The glaciers are melting and maybe you went out and bought a sport utility vehicle to celebrate. Do you know scientists predict 3 out of 5 species will be extinct by the half century mark because of climate change caused by global warming (human pollution)?

I cannot make this shit up..maybe there's a pill i can take and make it all go away.

#17 Charlene: Do you really want me to get help? Why don't you help yourself and this country while you are at it? 4 words. Impeachment and jail time!
Impeach the corrupt crooks and liers in and associated with the BUSH administration. Hold them responsible for their criminal and murderous actions in a court of law. I will thank you. I wasn't trying to list all the wrongful acts of the Bushit administration in the previous post for this would be a much longer list that would include such things as torture of war detainies and many other scandals. Now get to work!

I subscribe to The Nation & Mother Jones. I read independent news all over the web & on TV.

I read entire booklets they send me about what they're doing to the grizzlies. And all the other animals.

I'm personally committed because I love what my country should be & I can't do anything else but try my best to save her, like I would my own child gone astray.

I'm well aware of each point on your entire list of wrongs & I write letters, call & sign petitions on a daily basis.
I do it at personal detriment to myself I might add, in this small Republican town where people never forget you went against them & retaliate at their leisure, for years to come, on your family--unlike the cities where you can protest almost anonymously with no detriment to your family--where all it takes is your time to be an activist.

Oh So Well Aware.

Just as you said, the entire list of wrongs is far too long to enumerate here or anywhere.

You might try reading some of MY entries to see what I'm about before you launch your unfounded diatribe, dink.

Don't you ever read what others have to say?

That would, of course, require an interest in what others, besides yourself, have to say.

If you ARE from the UK--& since you decided to take it upon yourself to "calm" me...

Wouldn't your time be better spent trying to find out why your Blair agreed with our Pres. Boob to invade Iraq?
The Downing Street Memo proves Blair KNEW war against Iraq wasn't right before he agreed to it.
Bush needed a partner to go along with him in order to invade Iraq & Blair provided him with one.
The people in your country even voted to re-elect Blair after THEY, also, knew he had made a grave error in becoming Bush's lackey.
Does England have the excuse of rigged elections also, or are most of the voters just stupid?
I use the word "stupid" because that is the word your paper used to describe the US voters after Bush was re-elected.
The headline read, to wit, "HOW CAN 51% BE SO STUPID?"

Don't get YOUR 'knickers in a twist' trying to come up with an answer....

First of all I'm glad you have control of your anger over what my country is doing. I have written about almost all topics listed in mycomment #25 at one time or another. Truth is lying murderous criminals are running the country. Maybe you don't like that i call them that however that's your problem. Many times i've offered to box them in a ring. I have to see them impeached and jailed for their actions. While i don't feel a need to explain myself for what i said, in this instance i will because you have called me out. First of all to answer your question, i do read other posts. Maybe your name and shit you post does not stick out as memorable, but that's tough ta-tas. I am not anti-gay. Peoples sexual preference is up to them and that's fine by me. The comment i made at comment #7 was directed to Bruce McPherson not homosexuals -got it. The Rep party used the gay marriage card to bring out the good ole boys in the last presidential election even though they still lost and thus felt compelled to STEAL the election. Out of my contempt to this individual's actions and the Republican gay connection is where this remark comes from.
Grizzly out

Yes, I am from the UK, originally.......BUT, since I haven't lived there for since '65, their PM is hardly "my Blair".

So, after correcting your assumption, there's not too much else to comment on regarding your post, except to say that I feel my 40 year absence from 'good old Blighty' leaves me unqualified to speak on rigged elections or stupid voters on the other side of the pond.

Your impotently angry, violent, & primitive comments are offensive, Mr. Grizzly Bear.
Your gay bashing is also distasteful, despite your backpedaling.
Isn't that what you claim to be fighting against--the POLITICIANS that take "---0---accountability" for their actions?
Take a look at yourself, Grizz.
What about your OWN "---0---accountability" for gay bashing?
If others enjoy your dufus approach--hey, wallow together in the sty.

You didn't "correct my assumption", Mar.
I said IF you are from the UK, (& you do enjoy hinting that you are English judging from the frequency of your hints) & you answered me that you ARE from England.
You dodged the question re the criminal behavior of "your Blair".
You should have been a politician yourself.

Charlene #31 Get it right. Comments I make to these bastards destroying the earth, causing death to thousands based on their lies, rigging US elections and then attempting to cover it up and perpetrating more lies are very angry. You are right on target. Are those fighting words - figure it out. I ain't taking nothing back. Backpeddling on my accountability -i don't think so honey. My intent was not and is not bashing gays. If i ain't talking to or addressing a homosexual then figure it out. If you are you so dense with politically correct bullshit to think that if a remark made to a piece of shit having man sex with the governator is bashing gays then screw you. While i'm sure your sensitivity in retrospect is greatly appreciated by say the bi curious bradblogger, why don't you take a look at yourself (without throwing up) and consider adding the fashion police to your list of groups you need to join.

Hmmmmm.......I'm going to try this one more time, so, pin your ears back and READ MY LIPS...!!!

I am from England, ORIGINALLY......HAVEN'T lived there for 40 years.......therefore, am not qualified to comment on the behaviour of England's PM, and to be honest with you, I couldn't care less about how he conducts himself or his elections. There's been enough corruption in the Canadian government of late to focus my attention on, without worrying about what's happening 3,500 miles away, unless of course Tony Blair decides to jump into bed with Stephen Harper, then that WOULD be a different kettle of fish.

For the record......I used "jump into bed with Stephen Harper" as a figure of speech......I would hate to have you bust another blood vessel and slam me for gay bashing.

BTW.......in # 27, you mentioned C.U.B. as being an organization you are into......that's a new one on me......I'll just have to make an educated guess.......Charlene's Uncontrollable Backbites would fit the bill quite nicely, methinks..!!

Hey Mar,
It's time we had some fun. So why don't we take Charlene up on her offer? You be the driver and i'll do all the shooting. We'll go to a McDonalds when we know there's gonna be a meet and greet with Ronald. Then Charlene can play the role of Patti Hurst (taken captive by an underground polical organization trying to reopen the 9/11 investigation) where upon armed with a box cutter being used to show her solidarity, she takes Ronald prisoner. Then i'll shoot video footage of her tickle torturing Ronald with a french frie until he agrees to extend his breakfast hours. Then we'll make him eat 3 McGriddles in exchange for his freedom. Do you own a box cutter Charlene or do you need to be supplied?

That is a new independent 9/11 investigation by someone other than FEMA which is not an investigative agency, not allowed at ground zero and didn't investigate the missile hole at the Pentagon until the following month. Guess who was running war games that day? Dick shotgun Cheney? Go get them Charlene.

You two boys are nothing if not boisterously merry with razor-sharp wits to boot.
Thanks for the special peak inside the workings of both of your minds.
What a treat for us all.
I laughed & laughed.
...

You two boys are nothing if not boisterously merry with razor-sharp wits to boot.
Thanks for the special peak inside the workings of both of your minds.
What a treat for us all.
I laughed & laughed.
...

Don't know about you, but I reserve MY razor sharp wit for that special 1% of the population that truly deserves it. Hope it's appreciated......and that they realize how exclusive the enclave IS that they belong to.